1. REGULATIONS ON GOODS

N&H will not perform Services for any Goods/Products that are considered Prohibited Goods. Goods are considered Prohibited Goods when they are in the list listed below, this list can be supplemented and updated by N&H when necessary:

a) Goods whose content, packaging, and appearance are on the list of goods under Vietnamese Law or the Law of the State where the Goods pass through are strictly prohibited from being stored or transported;

b) Goods whose content, packaging, and appearance do not comply with regulations on dangerous goods according to current regulations;

c) Goods that violate intellectual property rights, including counterfeit goods, counterfeit goods or unlicensed products (trademark or trademark copyright infringement);

d) Goods with dangerous contents or outer packaging (flammable, toxic, radioactive, causing environmental pollution...etc) that can cause death, injury, infection of people or damage asset;

e) Goods that involve or contain live animals or human remains;

f) Goods containing stimulants or drugs;

g) Goods relating to or containing weapons, in particular firearms, or parts of firearms, imitation weapons or ammunition;

h) Goods whose form and content represent depraved or reactionary cultural products;

i) Goods containing cash, stocks, precious metals, works of art, jewelry, expensive watches, gemstones or other items of high value, unless otherwise agreed by N&H;

The Customer warrants that the Goods and packaging do not contain any Prohibited Goods according to the above list and that the Goods have been properly packaged and preserved.

During the process of performing the Service from receiving, preserving, processing orders to shipping and delivering, if the Goods are discovered or suspected to be Prohibited Goods, the Customer lacks transparency in product information and regulations. otherwise of this Contract, N&H will have the right to:

a) Refuse to receive or store Products: If the delivered Goods are on the list of Prohibited Goods, N&H has the right to abandon, throw away, hand over these Goods to the competent authority or return them to the Customer. Row. All costs incurred related to the handling of these Goods from storage to delivery or return, the Customer is responsible for paying to N&H;

b) N&H has no obligation to inspect Goods on the list of Prohibited Goods. However, N&H has the right to inspect the Goods in detail without notifying the Customer if it is suspected to be Prohibited Goods or for security and safety reasons according to a valid request from a competent authority;

2. REGULATIONS ON SERVICES (RECEIPT OF GOODS, STORAGE AND DELIVERY OF GOODS)

2.1 Receiving Goods

a) Customer creates a warehouse request for Goods on N&H's Information Portal; or create a warehouse request on the customer's own system and this information is synchronized with N&H's system (“Stock Order”).

b) Warehoused Goods must satisfy the following conditions:

– A Warehouse Order has been created;
– Not on the list of Prohibited Goods;
– Have full Goods labels as prescribed by law;
– Full invoices and documents proving the origin of the Goods;

c) The Customer is obliged to deliver the goods with a stamped photocopy hanging on the warehouse receipt to ensure validity and conformity with the warehoused Goods. N&H will not be responsible for understanding or checking the reasonableness and validity of this Warehouse Receipt.

d) N&H warehouse receipt documents:

– For domestic goods:

(1) Financial invoice/delivery note as known as internal transportation (covering the import price).
(2) Detailed list attached.
(3) Delivery record as known as Warehouse receipt (according to N&H form)

– For imported Goods:

(1) All documents similar to domestic goods.
(2) Customs documents corresponding to the Goods (copy covering the import price).

e) The Customer is obliged to unload the Goods from the means of transport or container to the warehouse designated by N&H or use the Goods Loading and Unloading Service according to the Service Fee Schedule.

f) When receiving goods, N&H is obliged to count the quantity, check the external condition of the Goods and place the Goods in the warehouse.

g) The Parties will sign to confirm the quantity and external integrity of the Goods on the Delivery Record cum Warehouse Receipt.

2.2 Warehousing – Storage

a) For Goods that ensure bonded conditions, N&H will store the Goods at N&H's warehouse until the Customer sends a request to release the Goods on the N&H Portal or when the Customer creates a request to release the goods. on the customer's own system and this information is synchronized with N&H's system (“Warehouse Order”);

b) For damaged Goods that do not meet the bonded conditions, they will be warehoused with the status of "Exceptional Goods". Exempt Goods are stored and preserved in their original state until the customer sends the Release Order;

c) N&H is only obliged to store and ensure the safety of the Goods in terms of quantity and external condition, but has no obligation to ensure technical standards, internal quality, inherent defects and damage. of each product during the storage of the Goods;

d) Customers are responsible for providing N&H with written instructions and instructions regarding the preservation of Goods for items that must be stored under special conditions. N&H will not be responsible for damage to the Goods if the customer does not follow instructions promptly or incorrectly;

e) Lost or damaged Goods are determined to be N&H's responsibility in the following cases: N&H does not comply with the storage instructions provided by the Customer (if any) for special Goods, N&H violation of normal Goods preservation standards, or due to cases such as theft and damage during operation;

f) Location of delivery of Goods: Customer is obliged to deliver and receive goods at N&H warehouse designated in Appendix 01 of the Contract; or the location designated by the Customer if the two parties have agreed;

2.3 Export Goods from Warehouse

a) Follow the Customer's request, N&H will ship the goods and deliver them to the Buyer according to the address stated on the bill of lading. N&H will guide Buyers to check the quantity and external condition of the package. In case the customer requests to co-check details inside the package, the Co-Check Fee will be applied according to N&H's Service Fee Schedule. The order is processed and delivered successfully when the Buyer receives the Goods and signs confirmation on the delivery record;

b) In case the Customer does not use the transportation service provided by N&H and appoints another carrier to pick up the goods at N&H's warehouse, the Customer is obligated to load the warehoused Goods onto the vehicle or Use the Goods Loading and Unloading Service. The order is processed and delivered successfully when the Shipping Party receives the goods and signs the delivery note from N&H;

Receive returned goods according to customer request: Returned goods are Goods that have been successfully delivered but the Customer requests N&H to recall part or all of the package delivered to the Buyer. When receiving returned goods at N&H warehouse, the process of Warehousing - Storing - De-warehousing and the Exchange/Return Warehousing Fee are applied.

3. RIGHTS AND OBLIGATIONS OF N&H

Customers pay Service Fees and Added Surcharges.

N&H will be exempted from liability in case the Goods are detained or confiscated by the Competent Authority because the Goods do not comply with labeling regulations, do not have complete documents as prescribed by law or is in the list of Prohibited Goods.

N&H has the right to return Goods to the warehouse in cases of unsuccessful delivery where the error does not arise from N&H. In this case, the Customer still has to pay N&H the order processing service fee and the exchange/return warehouse fee (according to N&H's Service Fee Schedule).

Performing shipping services, N&H will not be responsible for compensation in case the Goods are stolen by the Buyer. If a robbery occurs, N&H will immediately notify the customer at the scene so that the customer can resolve the matter. N&H will assist in reporting to the competent authority for resolution.

N&H has the right to refuse to return goods to the Buyer.

Ensure Service quality in accordance with published standards and agreements between the Parties. In case the Service quality is not as committed, N&H promptly informs the Customer of the cause and remedial measures.

Preserve, store and package the Goods according to customer instructions.

Delivery on time as agreed.

Export invoices to Customers.

Compensate for damages caused by N&H's errors.

4. RESPONSIBILITY, LOSS LIMIT AND GOODS COMPENSATION

Goods stored in the warehouse will be counted periodically as agreed between the Parties and in the event of a discrepancy between the actual quantity of goods counted and the exact quantity of Goods recorded by the Customer, N&H shall be responsible for Responsibility for any claims related to loss or damage to Goods caused by N&H's subjective conduct (specified in Article 5, Clause 5.2, section d) is beyond the annual loss limit as specified in section Article 8, item (b) below. N&H is obliged to compensate the Customer for damage up to 100% of the value of the goods according to the invoices and documents provided by the Customer when warehousing (Manufacturer's invoice or customs records of imported goods).

Loss or damage to Goods caused by N&H when performing Storage and order processing services will be exempted from liability in the amount within the annual loss limit [0.05 %]/Total quantity of goods. When counting inventory or checking the quantity of imported/exported Goods, the Parties accept that positive differences will be compensated with negative differences, or compensated with Goods of equivalent value.

N&H is responsible for reasonable claims related to damage to packaging caused by N&H's external packaging and is limited to the cost of packaging materials. Within 10 days from the incident, the Customer submits a complaint to N&H to review the loss or damage caused by N&H's packaging. Exceeding the 10-day time limit, N&H will not accept any complaints for any reason.

N&H's default insurance only covers N&H's operating assets and does not include coverage for Customer's goods in N&H's custody. Customers must purchase Risk Insurance including risks due to force majeure and other risks causing damage to the Customer's own Goods at N&H warehouse.

5. N&H DISCLAIMER

Unless otherwise agreed by the Parties, N&H is exempt from all liability and has no obligation to compensate for damages in the following cases:

a) The damage occurs entirely due to the Customer's violation of the Contract;

b) Consignee information is not accurately and completely provided by the Customer on the Delivery Order;

c) In case N&H proves to be affected by objective causes due to congestion in the road or air traffic system, canceled/delayed flights, or caused by errors of employees, subcontractors, or consignees Customer's end;

d) Indirect damages or unearned profits due to delay/damage/loss of documents or Goods not caused by N&H;

e) Goods stored in warehouses or in transit are confiscated or destroyed according to the decision of the Competent Authority due to non-compliance with regulations on labeling, lack of Invoices or documents of origin. origin, not having all the documents required by law... stemming from the customer's failure to provide these documents sufficiently and promptly; Goods are Prohibited Goods;

f) Customer does not provide specific/timely instructions on storage and preservation, leading to damage to the Goods;

g) Damage related to self-degrading quality, defects, technical errors or inherent damage of the Goods;

h) Damage due to loss or damage that cannot be avoided even if N&H has taken protective and security measures such as the current situation, including other risks of the Goods;

i) N&H will not be responsible to the Customer for undetermined losses due to Goods stored in closed containers where delivery conditions do not allow or the box/package cannot be opened for counting;

j) Force Majeure cases as prescribed by law;

k) In case part of the damage occurs due to the customer's fault, N&H is exempt from liability for compensation corresponding to the level of damage caused by the customer;

6. CUSTOMER RIGHTS AND OBLIGATIONS

Customers can use N&H's warehousing and order processing and delivery services to Buyers according to the prescribed fee schedules.

Pay in full and on time the fees according to regulations.

Customers are responsible for keeping their login name and password confidential to access N&H's electronic Information Portal. All transactions associated with the customer's account on the system will be fully responsible for the customer. Customers must change their password the first time they log in to their account.

Absolutely do not send Goods on the list of Prohibited Goods. Providing documents related to the Goods, including but not limited to the License to announce and circulate products on the Vietnamese market, stamps and labels of the Goods according to the provisions of law, price invoices added value of the Goods and documents related to the import of the Goods (if any). In case the Goods and packaging violate the list of Prohibited Goods or State regulations, the Customer will bear full legal responsibility before the Competent Authority and compensate N&H for costs and losses related to Prohibited Goods handling includes: (i) Order processing service costs; (ii) Costs incurred due to returning Goods; (iii) Expenses incurred by N&H for providing information to serve the competent authority; (iv) Loss of goods due to confiscation by the Competent Authority.

Responsible for working and resolving with Competent Authorities when Goods are detained or confiscated.

Provide complete information on instructions related to the Goods and provide guidance to H&H regarding storage, preservation, and packaging of the Goods.

Product warranty and resolution of complaints about product quality, after-sales programs for Buyers.

Ensure that the Goods have been announced and are allowed to circulate on the Vietnamese market.

Take full responsibility for the legality of documents provided to N&H related to the services under this Contract.

Responsible for all information related to the Consignee that the Customer provides to N&H on the Warehouse Delivery Order.

Compensate for actual damages to N&H and relevant third parties when the damage occurs originating from the Customer.

At its own expense, be responsible for resolving issues related to (i) the content of the Goods; (ii) dispute over the origin of the Goods with any third party; or (iii) the Buyer's complaint that the Goods posted on the e-commerce platform/website and the actual received Goods do not meet the requirements even though they have the same information or product code.

Customers are not allowed to deduct compensation claims from the Insurance Agency from the cost of Service fees/debts payable to N&H.

7. CUSTOMER COMMITMENT

The Customer commits to N&H with the following contents. The Customer will compensate N&H for losses and damages arising from the Customer's violation of these commitments.

Goods are not included in the list of Prohibited goods.

The Customer does not have any special requirements regarding the storage of the Products (such as temperature conditions, humidity or other factors).

Customer is the owner of the Goods or an agent authorized to use N&H Services.

Customers comply with all customs procedures, import, export and other legal regulations.

Customers are approved by the Electronic Floor, Sales WebSite Owner... when providing N&H with data and information of shoppers to perform the Services.

All documents and information provided by the Customer or its representative are complete and accurate.

The Customer undertakes to indemnify N&H upon first demand for any loss/damage arising from a Third Party claim or loss/damage to N&H.

8. FORCE MAJEURE CASES

When a Force Majeure Event occurs, neither Party will be considered at fault for breaching the Contract caused by the Force Majeure Event (except for payment obligations). However, the affected Party must promptly notify the other Party of the cause and duration of delay in performing Contract obligations within seven (07) days from the date affected by the Force Majeure Event. , and at the same time provide evidence to prove that the Force Majeure Event is the direct cause leading to the breach of the obligation to perform the Contract (if the other Party requests in writing). The performance of that Party's Contract obligations will be suspended and/or waived during the occurrence of a Force Majeure Event and that Party is allowed to extend the time for performance of obligations corresponding to the time of occurrence. Force Majeure Event.

In case a Force Majeure Event occurs for a continuous period exceeding thirty (30) days, the affected Party has the right to terminate the Contract immediately after sending written notice to the other Party. In this case, neither Party shall bear any compensation or penalty liability to the other Party.